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| Public Act 094-0540 |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Procurement of Domestic Products Act is | ||||
amended by changing Sections 5, 10, 15, 25, and 30 as follows: | ||||
(30 ILCS 517/5)
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Sec. 5. Definitions. As used in this Act: | ||||
"Manufactured in the United States" means, in the case of | ||||
assembled articles, materials, or supplies, that design, final | ||||
assembly, processing, packaging, testing, or other process | ||||
that adds value, quality, or reliability occurs in the United | ||||
States. | ||||
"Procured products" means assembled articles, materials, | ||||
or supplies purchased by a State agency.
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"Purchasing agency" means a State agency. | ||||
"State agency" means each agency, department authority, | ||||
board, commission of the executive branch of State government, | ||||
including each university, whether created by statute or by | ||||
executive order of the Governor.
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"United States" means the United States and any place | ||||
subject to the jurisdiction of the United States.
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(Source: P.A. 93-954, eff. 1-1-05.) | ||||
(30 ILCS 517/10)
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Sec. 10. United States products. Each purchasing agency | ||||
making purchases of procured products
manufactured articles, | ||||
materials, and supplies shall promote the purchase of and give | ||||
preference to manufactured articles, materials, and supplies | ||||
that have been manufactured in the United States. Procured | ||||
products
Manufactured articles, materials, and supplies | ||||
manufactured in the United States shall be specified and | ||||
purchased unless the purchasing agency determines that any of | ||||
the following applies: | ||
(1) The procured products
manufactured articles, | ||
materials, and supplies are not manufactured in the United | ||
States in reasonably available quantities. | ||
(2) The price of the procured products
manufactured | ||
articles, materials, and supplies manufactured in the | ||
United States exceeds by an unreasonable amount the price | ||
of available and comparable procured products
manufactured | ||
articles, materials, and supplies manufactured outside the | ||
United States. | ||
(3) The quality of the procured products
manufactured | ||
articles, materials, and supplies manufactured in the | ||
United States is substantially less than the quality of the | ||
comparably priced, available, and comparable procured | ||
products
manufactured articles, materials, and supplies | ||
manufactured outside the United States. | ||
(4) The purchase of the procured products
manufactured | ||
articles, materials, and supplies manufactured outside
in | ||
the United States better serves
is not in the public | ||
interest by helping to protect or save life, property, or | ||
the environment. | ||
(5) The purchase of the procured products
manufactured | ||
articles, materials, or supplies is made in conjunction | ||
with contracts or offerings of telecommunications, fire | ||
suppression, security systems, communications services,
or | ||
Internet services, or information services. | ||
(6) The purchase is of pharmaceutical products, drugs, | ||
biologics, vaccines, medical devices used to provide | ||
medical and health care or treat disease or used in medical | ||
or research diagnostic tests, and medical nutritionals | ||
regulated by the Food and Drug Administration under the | ||
federal Food, Drug and Cosmetic Act. | ||
In determining the price of procured products
manufactured | ||
articles, materials, and supplies for purposes of this Section, | ||
consideration shall be given to the life-cycle cost, including | ||
maintenance and repair of those procured products
manufactured | ||
articles, materials, and supplies.
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(Source: P.A. 93-954, eff. 1-1-05.) | ||
(30 ILCS 517/15)
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Sec. 15. Contracts; prequalification. | ||
(a) Each contract awarded by a purchasing agency on or | ||
after the effective date of this Act through the use of the | ||
preference required under Section 10 shall contain the | ||
contractor's certification that procured products
manufactured | ||
articles, materials, and supplies provided pursuant to the | ||
contract or a subcontract shall be manufactured in the United | ||
States.
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(b) Chief procurement officers, as provided in Section | ||
20-45 of the Illinois Procurement Code, and the Capital | ||
Development Board, as provided in Section 30-20 of the Illinois | ||
Procurement Code, must promulgate rules for prequalification | ||
of suppliers and contractors under this Section.
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(Source: P.A. 93-954, eff. 1-1-05.) | ||
(30 ILCS 517/25)
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Sec. 25. Penalties. If a contractor is awarded a contract | ||
through the use of a preference under this Act and knowingly | ||
supplies
procured products
manufactured articles, materials, | ||
or supplies under that contract that are not manufactured in | ||
the United States, then (i) the contractor
is barred from | ||
obtaining any State contract for a period of 5 years after the | ||
violation is discovered by the purchasing agency, (ii) the | ||
purchasing agency may void the contract, and (iii) the | ||
purchasing agency may recover damages in a civil action in an | ||
amount 3 times the value of the preference.
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(Source: P.A. 93-954, eff. 1-1-05.) | ||
(30 ILCS 517/30)
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Sec. 30. Capital Development Board; exemption. The Capital | ||
Development Board (CDB) is exempt from the requirements of this | ||
Act with respect to a specific project if (i) CDB determines | ||
that the project is too complex for the 5 major construction | ||
building trades to identify the numerous individual procured | ||
products
articles, materials, and supplies required for the | ||
project or (ii) CDB determines that procured products
the | ||
articles, materials, and supplies required for the project are | ||
too numerous or complex to be able to efficiently assess the | ||
sites where manufactured.
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(Source: P.A. 93-954, eff. 1-1-05.)
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